56 SWAMPSCOTT ROAD TRASH LETTER 9-16-16 CITY OF SALEM, MASSACHUSETT"S
BOARD OF HEALTH
120 WASHINGTON STREET 4'"FLOOR 1311b1�C$P✓�t$
> Prevent.Promote Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL health@salem.com
L.ARRY R;AMUIN,2S/R1if IS,CI IQ,C] I,
MAYOR Hl?.V;n I AG FNT
September 16, 2016
A&J Realty Trust/Joan Didio Trust
C/O George Corso Trust
P.O. Box 2027
Salem, MA 01970-6227
Dear Sir/Madam:
In response to a complaint received by the Salem Board of Health, a nuisance inspection was
conducted by Janet Mancini on September 14, 2016 at 11:00AM at your property located at 56
Swampscott Road, Salem, MA 01970. The complainant reported trash and debris on this
property. During the inspection it was noted that there is wood and construction debris on ground
along with other windblown trash and debris.
In accordance with Massachusetts General Law c.111, s122 the Salem Board of Health has
determined that the failure to maintain your property free from garbage and rubbish is an
imminent health hazard and public health nuisance.
In accordance with Massachusetts General Law c.111, s123, you are ordered to take any and
every action to maintain your property free from garbage and rubbish within 7 days of receipt of
this order. Further you are to take action to prevent the reoccurrence of the nuisance.
Failure to comply with this order may result in a penalty of up to one thousand dollars per day.
Additionally,pursuant to MGL Chap 111 s 125, the Board of Health may cause the nuisance to be
removed and may take actions to remediate the nuisance. Any expenses incurred thereby shall
constitute a debt due the city or town upon the completion of the removal and the rendering of an
account therefor to the owner, his authorized agent, or the occupant, and shall be recoverable
from such owner or occupant in an action of contract.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board
of Health. A request for such a hearing must be received in writing in this office of the Board of
Health within seven (7) days of receipt of this Order. At said hearing, you will be given the
opportunity to be heard and to present witness and documentary evidence as to why this Order
should be modified or withdrawn. You may be represented by an attorney. Please also be
informed that you have the right to inspect and obtain copies of all relevant inspection or
investigation reports, orders, and other documentary information in the possession of this Board,
and that any adverse parry has the right to be present at the hearing.
For the"oar e the Reply to:
Larry Ramdm Janet Mancini
Health Agent Sanitarian
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH �y_�.
120 WASHINGTON STREET,4"'FLOOR rYYHCHC8 t.
rr..me.Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL health n,salem.com
L,VtRI'RAMllIN,RS/RIiI IS,CI10,C7 1 S
MAYOR HI's,V;1'I I r1Gl?N'I'
September 14,2016
A&J Realty Trust/Joan Didio Trust
C/O George Corso Trust
P.O.Box 2027
Salem,MA 01970-6227
Dear Sir/Madam:
In accordance with Chapter 111,Sections 127A and 127B of the Massachusetts General laws, 105 CMR 400.00:State Sanitary Code,Chapter I:General
Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter II:Minimum Standards of Fitness for Human Habitation,an inspection was
conducted of your property at 56 Swampscott Road in the City of Salem by Janet Mancini,Sanitarian of the Salem Board of Health,on Tuesday,
September 13,2016 at 11:00 AM(photos taken and on file).The following violations of the State Sanitary Code were noted,as checked:
CMR 410:600 Storage of Rubbish and Garbage
CMR 410:601 Collection of Rubbish and Garbage
X CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D)
BOH Regulation#7
Description of Violations:See Enclosure(s)
410.600: Storage of Rubbish and Garbage
(A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.Said receptacles and covers shall be
of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material.Garbage and
rubbish shall be put out for collection no earlier than the day of collection.
(B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fitting
covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such practice is
prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health
problem. For purposes of the preceding sentence, in making its determination,the Department shall consider,among other evidence of strewn garbage,
torn garbage bags,or evidence of rodents.
(C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other
dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the
accumulation before final collection or ultimate disposal, and shall so locate them to be convenient to the tenant that no objectionable odors enter any
dwelling.
(D) The occupants of each dwelling,dwelling unit, and rooming unit shall be responsible for the proper placement of her or his garbage and
rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner.
410.601: Collection of Garbage and Rubbish
The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling
place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of:
(A) The regular municipal collection system;or
(B) Any other collection system approved by the Board of Health;or
(C) When otherwise lawful, a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and is
otherwise maintained so as not to create a safety or health hazard;or
(D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as
not to create a safety or health hazard;or
(E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health(see 10410.840)
410.602: Maintenance of Areas Free From Garbage and Rubbish
(A)Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary
condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its
appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public.
(B)Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage,
rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls.
(C)Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be
responsible for maintaining in a clean and sanitary condition free of garbage, rubbish,other filth or causes of sickness the stairs or stairways leading to her
or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another occupant.
(D)Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,
other filth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant
exclusively.
(1)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the
owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary
condition free from garbage,rubbish,other filth or cause of sickness that part of the passageway or right-of-way which abuts her or his property and which
s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns.
Board of Health Regulation#7:
5_1 Time of Placement 5.1.2 Bags may be placed curbside for municipal collection no sooner than 6 AM the morning of the scheduled collection. 5.1.3 All
containers and bags must be placed curbside no later than 7 Am on the day of collection and must be removed from the sidewalk on the same day as the
collection. 5.2Solid Waste Weight Limit There may be no more than 3 containers or 3 bags or a combination of containers and bags totaling no more than 3
and weighing no more than a total of 50 pounds each; plus, one bulky waste item,placed curbside for municipal collection.5.4 Bulky Waste One bulky
waste item per week may be placed for collection by residents and allowed small businesses. 5.9 Yard Waste Yard Waste may not be included in regular
municipal collection. It will be collected 5 times per year on a schedule agreed upon by the City and the City's contractor. Yard waste must be placed in
yard waste paper bags or open containers clearly marked as"yard waste."Trimmings may be bundled in lengths no more than three feet long,(branches
may not have a diameter wider than 3 inches)and weigh no more than 50 pounds.
You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty-four)hours of receipt of this notice.
Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court.
Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in
writing in the office of the Board of Health within 7 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present
witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be
informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in
the possession of this Board,and that any adverse party has the right to be present at the hearing.
One or more of the above violations constitutes a condition,which may endanger or materially impair the health or safety and well-being of the occupant(s)
or the general public.
If you have any questions,kindly contact this office at(978)741-1800.
For the Board of Health Reply to:
n
Larry Ramdin Janet Mancini
Health Agent Sanitarian
cc: Ward Councilor
3
ti CITY OF SALEM, MASSACHUSETT lu
S
BOARD OF HE.aLTx
120 WASHINGTON STREET,4°1 FLOOR �liCH�tct
TEL. (978) 741-1800 Fax(978) 745-0343
KIMBERLEY DRISCOLL health(Da salem.com
L,VtRY R,AMll1N,Rs/Rite IS,crlo,r:r-Fs
MAYOR Hi::,V:fi i AGP.N'r
Trash Letter Violations
To: A & J Realty Trust/ Joan Didio Trust Date: Wednesday September 14, 2016
C/O George Corso
Address: P. O. Box 2027 Time: 11 :00 AM
City / State: Salem, MA 01970
Property At: 56 Swampscott Road
Violation Numbers: _ 600: Storage of Rubbish and Garbage
_ 601: Collection of Rubbish and Garbage
X 602: Maintenance of Areas Free From Rubbish and
Garbage.
B.O.H. Regulation #7
Complaint: Upon inspection of the above referenced property the following were noted: There was
wood and other construction debris noted, and loose and windblown trash and debris. Owner must
properly dispose all wood and construction debris and remove all loose trash and debris from
property and maintain this property in a clean and sanitary manner.
A continuation of this violation or any other violation of this matter will result in a monetary
citation.
Cc: Ward Councillor
x+ >
ve
A � ,
l `
+Y
d: 1
�Y
1 ll
♦
t 1•f
t
T
.r>>
�. _ . .
t A
a
� F
I � i ry
� ,
�.�; , , t .
,,� .�. ' h
� Y
.y �.
'Y � �� ,�
� � y r W.
�' t � V .� I
�i - ,
� _ � _ r.
� ,p, t K.
T, ' s +f
y � a
r
�� � .�rti tip. .. �� � '
� � ` '
� � �4 .
a=
:'SY � > s '
_ _ J � .. s,
i• r
b.� < .r u - � . . .
��� n � � !-, .'t 1 �� r�1 � � 1. 3
'{ }
_., ]y
ti .. 1 e �
>w
r j .w � r.� � . - � � i d
1�,0 � { �V, �� r •{ R ti-
J � C`
�y
r r
� �� �'� „.
x , , � .'
,� y.
c.
�„ '�; , .
.,